ILLINOIS

POLLUTION

CONTROL

BOARD

January

24,

1985

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

PCB

79-145

CELOTEX

CORPORATION

and

PHILIP

CAREY

COMPANY,

)

Respondents.

ORDER OF THE BOARD (by B~

Forcade):

Orubanuary 16,

1985,

the

Celotex

Corporatioi~

and

Philip

Carey

~Cobpany

(~Celoteal)

filed

a

Motion

to

Board

to

Overrule

Certain

Rulings of

Hearing

Officer.

The

Illinois

Environmental

Protection

Agency

(~Agency”)

filed

a

response

to Celotex’s motion

on

January

23,

1985~

Celotex’s

motion

concerns

certain

rulings

made

by

the

hearing

officer

in

his

order

dated

January

14,

1985~

Celotex

re~yuests that

the

Board

either

overrule

these

hearing

officer

rulings

or,

alternatively,

allow

an interlocutory appeal

of

these~ru1ings~

Ceiote~

seeks

reversal

of

the

~Hearing

Officer’s refusal to

grant

c

mod.

fled

protective

order

as requested

by Celotex.”

The

material

in

p~iestion

was

held

to

be

disciosable

by

the

Board

on

November

8~ 1984

and

affirmed

on

December

6,

1984.

In

point

of

fact,

alg

officer

did

provide

for

reasonable protection

from

disulcusre

in

paragraphs

6—10

of

his

order.

The

hearing

officur

required

that

the

disclosure

of

such

material

be

limited

to

trial

counsel

for

Complainant,

and

to

a

limited number of

people

employed by

the

Attorney

General

s

office

or

the

Agency

who

require access to

such

information

for

perposes of preparing

for

the hearing.

Celotex

requested

that persons

desiring access

to

the material make a

written showing

of

a

~need to know” which

the

hearing officer,

presumably,

would

rule

on.

The hearing

officer

denied this request

on

the

basis

that

it

would be map-

propriate

to become

involved

in the

internal

preparation of

witnesses

icr the hearing.

The

Board

will

affirm

the hearing

officerhe

ruling

on this

issue,

The

hearing

officer

has

the

authority,

under

35

Ill.

Adm,

Code

1031900(c)

to

make “~ich

protective

orders

as

justice

requires~

The

protective order

in

question

is

clearly

adequate

in

these

circumstances.

Celotex’s

motion

to overrule the

hearing of

ficer~s

protective order ruling

is

denisal

62~385

---

The

balance

of

Celotex’s motion concerns various discovery

issues concerning

the

hearing

officer~s

~refusal

to

require

Com-

plainant

to

answer

certain

Celotex

interrogatories,”

his “refusal

to

apply

Illinois

Supreme

Court

~1e

213(d)

or

other

such

rules,~

and

his heuling

requiring

the

hearing

to

commence

prior

to

Celotex

completing discovery.”

Under

35

Ill.

Adm.

Code 103.200(a),

the

hearing officer

has “all powers necessary”

in the area of con-

ducting discovery

and issuing discovery orders.

The hearing

officer

has

acted

responsibly in

moving

this

long

delayed

case

to

hearinge

He has

made

adequate

provisions

for

essential

deposi-

tions

during the

course

of hearing

if

necessary.

Celotex’s

motion

is hereby

denied.

I, Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify0

that

the above

Order

was

adopted

on

the

~~L~Cal

day

of

1985 by

a

vote

of

~5-O

Dorothy

M,~unn,

Clerk

Illinois

Pollution Control Board

82~386